A BILL to amend and reenact sections four, five, six and seven,
article twenty-five, chapter thirty of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
all relating to nursing home administrators license fees; and
authorizing the West Virginia nursing home administrators
licensing board to prescribe license fees by legislative rule-
making review authority.

Be it enacted by the Legislature of West Virginia:
That sections four, five, six and seven, article twenty-five,
chapter thirty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted, all to
read as follows:ARTICLE 25. NURSING HOME ADMINISTRATORS.

§30-25-4. Qualifications for license; exceptions; application;
fees.(a) To be eligible for a license as a nursing home
administrator a person must:
(1) Be of good moral character;
(2) Possess such qualifications and meet such reasonable
standards as the board may prescribe pursuant to subsection (a),
section seven of this article;
(3) Pass the examination prescribed by the board in the
subject of nursing home administration; and
(4) Have sufficient knowledge and soundness of judgment to be
able to adequately discharge the functions of a nursing home
administrator.
(b) Any person who holds a license or certificate as a nursing
home administrator issued by any other state, the requirements for
which license or certificate are found by the board to be at least
as great as those provided in this article, may be granted a
license without examination if he meets all of the other
requirements for licensing in this state.
(c) Any applicant for any such license shall submit an
application therefor at such time, in such manner, on such forms
and containing such information as the board may prescribe and pay
to the board a license fee, which fee shall be returned to the
applicant if he is denied a license.

Whenever the board finds that an applicant meets all of the
requirements of this article for a license as a nursing home
administrator, it shall forthwith issue to him such license;
otherwise the board shall deny the same. The license shall be
valid for a period ending on the thirtieth day of June next ensuing and may be renewed without examination upon application for renewal
on a form prescribed by the board and payment to the board of a
renewal fee: Provided, That the board may deny an application for
renewal for any reason which would justify the denial of the
original application for a license. The board shall prescribe the
form of licenses and each such license shall be conspicuously
displayed by the licensee at the nursing home which he administers.§30-25-6. Emergency permit.If a licensed nursing home administrator dies or is unable to
continue as such from an unexpected cause, the owner, governing
body or other appropriate authority in charge of the nursing home
involved may designate an acting administrator to whom the board
may immediately issue an emergency permit if it finds such
appointment will not endanger the safety of the occupants of such
nursing home. Such emergency permit shall be valid for a period
determined by the board not to exceed six months and shall not be
renewed. The fee for an emergency permit shall be paid to the
board.

§30-25-7. Powers and duties of board.

(a) The board shall:
(1) Examine applicants and determine their eligibility for a
license or emergency permit as a nursing home administrator;
(2) Prepare, conduct and grade an apt and proper examination
of applicants for a license and determine the satisfactory passing
score thereon;
(3) Propose an emergency rule to establish licensing fees for the year one thousand nine hundred ninety-five for promulgation, in
accordance with the provisions of article three, chapter twenty-
nine-a of this code, and to propose further rules for promulgation,
in accordance with the provisions of said article to otherwise
implement the provisions of this article and to exercise the powers
and duties conferred upon the board hereby;
(4) Issue, renew, deny, suspend or revoke licenses and
emergency permits in accordance with the provisions of this article
and, in accordance with the administrative procedures hereinafter
provided, may review, affirm, reverse, vacate or modify its order
with respect to any such denial, suspension or revocation;
(5) Develop, impose and enforce standards which must be met by
individuals in order to receive a license as a nursing home
administrator, which standards shall be designed to ensure that
nursing home administrators will be individuals who are of good
character and are otherwise suitable, and who, by training or
experience in the field of institutional administration, are
qualified to serve as nursing home administrators;
(6) Employ, direct, discharge and define the duties of
personnel necessary to effectuate the provisions of this article;
(7) Keep accurate and complete records of its proceedings,
certify the same as may be appropriate and prepare, from time to
time, a list showing the names and addresses of all licensees;
(8) Approve courses of study or training in the field of
nursing home administration which sufficiently meet education and
training requirements for nursing home administrators established by this article;
(9) Conduct a course of study or training of the type referred
to in subdivision (8) of this subsection if such courses are not
otherwise reasonably available to residents of this state; and
(10) Take such other action as may be reasonably necessary or
appropriate to effectuate the provisions of this article.
(b) All moneys paid to the board shall be accepted by a person
designated by the board and deposited by him with the treasurer of
the state and credited to an account to be known as the "West
Virginia Nursing Home Administrators Licensing Board Fund".
Reimbursement of all reasonable and necessary costs and expenses
actually incurred by members, and by the board in the
administration of this article shall be paid from such fund.